Division
Bench of this Court while construing the provisions of Section 10B in
Hindustan Unilever Ltd Vs. Deputy Commissioner of Income Tax2 .
The submission ... provisions of the Chapter, the deductions specified in
Sections 80C to 80U . Section 80B(5) defines for the purposes of
Chapter VI-A "gross
Hindustan Unilever Ltd. (supra) it was
held as under: -
"2. Section 10A is a provision which is in the nature of a deduction ... provisions of the Chapter, the deductions specified in
Sections 80C to 80U . Section 80B(5) defines for the purposes of
Chapter VI-A "gross
does not consist of one section but there are numerous sections
under which deductions are allowed. Some of the sections relate ... Section 4 read with Section 5 but while computing
the taxable income, deductions are allowed to the extent stipulated in
Sections 80C to 80U
before setting off brought forwarded losses of a non 10A unit.
3. Section 10A is a provision which is in the nature of a deduction ... provisions of the Chapter,
the deductions specified in Sections 80C to 80U . Section 80B(5) defines for
the purposes of Chapter VI-A "gross
outside the
embargo put on by the amendment made in this section. Even section 64(1A) speaks of the
addition of the total income ... minor child suffering from
any disability of the nature specified in section 80U ".
8. We find that this section says that in computing
Tribunal held that the deduction under Section 10A in respect of the allowable unit under
Section 10A has to be allowed before setting off brought ... provisions of the Chapter, the deductions
specified in Sections 80C to 80U . Section 80B(5) defines for the purposes of Chapter VI-A
"gross
Consulting Pvt. Ltd. (supra) wherein it has
been held as under:-
" Section 10A is a provision which is in the nature of a deduction ... provisions of the Chapter, the
deductions specified in Sections 80C to 80U . Section 80B(5) defines for
the purposes of Chapter VI-A "gross
outside the
embargo put on by the amendment made in this section. Even section 64(1A) speaks of the
addition of the total income ... minor child suffering from
any disability of the nature specified in section 80U ".
8. We find that this section says that in computing
held vide para 3 as under:
"Section 10A is a provision which is in the nature of a deduction and not
an exemption. This ... Chapter, the deductions specified in Sections 80C to 80U. Section
80B(5) defines for the purposes of Chapter VI-A "gross total income
have
been considered for the purposes of granting deduction under
these sections in the current year. Jettisoning the assessee' s
point of view ... gross total income,
the deductions specified in sections 80C to 80U . Sub-section
(2) further provides that the aggregate amount of the
deductions under this
